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HomeMy WebLinkAbout05-19-87 CCMbV'�eW A' 6' 41 t Aka LAKE ELMO CITY COUNCIh MINUTES MAY 19, 1987 Mayor Arlyn Christ called the City Council meeting to order at 7:00 p.m. in the City Council chambers. Present: Christ, Armstrong, Moe, Graves, Johnson, City Engineer Bohrer, and City Administrator Overby. 1. Agenda M/S/P Graves/Moe - to approve the agenda for May 19, 1987 City Council Meeting as presented. (Motion carried 5-0). 2. Minutes: May 5, 1987 M/S/P Johnson/Graves - to approve the May 5, 1987 City Council minutes as amended. (See Page 8, 7D. Amendment to Conditional Use Permit for Richard Bergman). (Motion carried 5-0). 3. Claims M/S/P Armstrong/Johnson - to approve the May 19, 1987 City Council claims #88762 thru #88813 as presented. (Motion carried 5-0). 4. Landfill Committee Update In a Landfill update, Dan Novak explained that the legislation was brought up on Friday, May 15th, and was put to a vote and failed. On Monday, May 18th, it was put to a verbal vote on the Senate floor and again failed. Novak was there for the Senate presentation and felt that Senator Gary Laidig did everything that he could. Representative Munger's representative Ann Glumac called a meeting with the Citizens Committee. The MPCA, Metro Council, and Washington County were also represented. A list of ten issues and questions will be responded to within 30 days by the MPCA and Metro Council. An invitation to a Sunday meeting of the Citizens Advisory Committee will be extended to Zack Hansen. Hansen is heading up the EAW/EIS process on behalf of Washington County. He will explain the exact involvement of the Citizens Committee and answer any questions they might have. On June 9th at 2:00 p.m. in the Met Council chambers Todd Williams will present their hydrogeological data to Dick Been's Advisory Committee. An invitation has been extended to the Citizens Advisory Committee by Kim Austrian, Director of the Legislative Commission on Waste Management, to come before their committee. j� On Tuesday, May 12th, the Citizens Advisory Committee (approx 40-50 people) demonstrated in front of the Senate and House chambers. Channels 4, 5 and 11 covered this demonstration. LAKE ELMO CITY COUNCIL MINUTES MAY 19, 1987 page 2 Dan Novak reported the current financial situation at $1038.47. This figure is less that the figure reported at the May 5th City Council meeting. Dan will check with Linda Ramirez on these figures. Feelers have been put out for an attorney and quotes will be received. Todd Williams felt regardless of the respogse from the Met Council and the MPCA, it is time to take a good long look at what our options are. They felt the City would do well with professional advice. City Attorney Knaak has requested that he sit down with the Citizen's Advisory Committee to determine exactly what their progress has been on this matter and what role precisely they expect the City to play. The City Council thought this was an approprate course of action at this time. During the summer months, the Citizens Advisory Commiittee meetings will be held on Sunday at 8:00 p.m. in the City Council chambers. 5. Charitable Gambling License Exemption The Society of Military Engineers wants to hold a bingo event (approx. 2 1/2 hours) as one of their activities for a gathering of their group on June 26, 1987 at the Lake Elmo Park Reserve. Councilwoman Armstrong had talked to the Charitable Gambling Board and if a non-profit organization has less than five events in a year, they do not need to get a license. All that is required is a letter written which includes the details of the event. In the City's Charitable Gambling ordinance under 1104.020-Charitable Gambling Permitted, there are typing errors in the Section numbers. The City Adminstrator will look into this. Also, Bingo is not specified as an activity. M/S/P Armstrong/Graves - to take a second look at the Section numbers listed in 1104.020 in our Charitable Gambling ordinance and make sure they are correct. (Motion carried 5-0). 6. PLANNING, LAND USE AND ZONING A. Shoreland Permit: Thomas Brown, 8265 Hidden Bay Ct. Mr. Thomas Brown, 8265 Hidden Bay Trail, proposes to construct an addition onto his home which is adjacent to Deer Pond. Shoreland Regulations apply. The addition consists of a living room on the upper floor and a recreation room with a whirlpool on the lower floor. It appers that no variances are required and since no bedrooms are added, no evaluation of the septic system is required. The DNR had no objections to this permit application. City Engineer Bohrer recommended that the Shoreland Permit be granted because there are no variances required, but the applicant should be aware that a whirlpool may place an additional load on the drainfield. M/S/P Moe/Graves - to grant the Shoreland Permit for the proposed LAKE ELMO CITY COUNCIL MINUTES MAY 19, 1987 page 3 addition to the Thomas Brown residence at 8265 Hidden Bay Trail. (Motion carried 5-0). B. PUBLIC HEARING: for variance to setback from NOHW; Shoreland Permit - Alex and Stephanie Kovalchuk, 2976 Lake Elmo Avenue Mayor Christ opened up the public hearing at 7:45 p.m. in the City Council chambers. Mr. & Mrs. Kovalchuk, 2976 Lake Elmo Avenue, wants to build an addition to their house on the lakeside of the property which abuts Lake Elmo. FINDINGS OF FACT: 1. Public notice was duly published and sent. 2. There was no one to speak for or against the application. 3. That the addition is proposed to be 65 feet from the NOHW of Lake Elmo (elevation 886) where 100 feet is required. 4. That the existing house is presently about 75 feet from the NOHW at its closest point and the garage is only about 32 feet from the NOHW. A variance would be required for this addition. 5. That the addition will be a family room which will not generate any additional sewage load. The setic system was replaced under the 201 Program and is adequate for the house. 6. That the floor of the addition will be well above the 100-year flood elevation. 7. That the hardship is the only workable site is the west or the south and it appears to be no difference between the two. This site is the most compatible with the house and the lay of the lake. Mr. Kovalchuk felt the site of the addition was the most practical and .least objectionable. Mrs. Kovalchuk stated that she found it objectionable for her family of six members to eat at the dining room table for every meal. Mayor Christ closed the public hearing at 7:55 p.m. - City Engieer Bohrer stated thst it appeared from the drawing that the setbacks would be virtually the same if the addition were made on the southside or the lake side. j Mayor Christ pointed out the fact that lake elevation will be controlled to 884 feet so there will be significantly more lakeshore. LAKE ELMO CITY COUNCIL MINUTES MAY 19, 1987 page 4 -�' Councilman Graves felt the hardship was the orientation of the house doesn't present any preferable or alternative system that would work any better. An addition is possible on the west side or the south side. Either way, you will end up with an addition that will be equally close to the water. This is the only workable situation that he could see. Councilwoman Armstrong noted that the Kova,lchuk's are set back on a bluff and are a distance from the water. M/S/P Graves/Moe to grant a setback variance to the NOHW requirement and a shoreland permit to Alex and Stephanie Kovalchuk, 2976 Lake Elmo Avenue in order to build a family room addition. (Motion carried 5-0). 7. CITY ENGINEER'S REPORT A. Legion Pond Pumping Alternatives The City Council at its meeting of May 5, 1987 directed the City Engineer to investigate the feasibility of using a pump and other surplus items now owned by the Valley Branch Watershed District to construct a permanent pumping alternative to lower Legion Pond. Because it is both the shortest route, and the route with the smallest hill to pump over, a route over Parcels 0030 (David Gear) and 0220 (Don Klassen) was chosen as being best. The total estimated project cost is $87,950.00. Permits would be required from the MN Dept. of Natural Resources, Valley Branch Watershed District and Washington County Highway Department. MN Dept. of Transportation will have approval authority on the VBWD permit because of the use of MnDOT pipe in the downstream system. Dan Collyard was not in favor of this project because there were no guarantees. He asked who would pay for the maintenance costs. He could not see putting this kind of money into the project when there is not a positive solution. Judy Toft brought up the point that the people on Lake Jane was able to use the VBWD pump and asked why should the Legion Pond people have to pay $9,000 for a pump. Mrs. William Peterson and Mrs. Thomas Deck stated they would be in favor of a pumping project. contin encies from the VBWD 509 Dan Collyard also brought up the fact that the 1-0%P ti3 raeies �t1}U Project afl+ou-n-t-eta-t-o--S6-;3-0-0- should be used for ommission or errors. He felt there was an error on the VBWD part by not inluding Legion Pond in the 509 Plan and this money could be requested for a pumping project. After input and some discussion, the six affected Legion Pond residents decided they would discuss a pumping project and come up with an agreement. Then they would get back to the City Council. It was decided that the City Council and the Legion Pond people would get on the VBWD agenda for their meeting on Thursday, May 28th and ask LAKE ELMO CITY COUNCIL MINUTES MAY 19, 1987 page 5 for funds for a pumping project. B. MSA Street Project Update City Engineer Bohrer explained that MnDOT was reluctant to hear the variance because 43rd St. was not officially on the state aid system. The Council earlier had decided to apply for the switch in designation: remove MSA designation from 50th Street and apply it to 43rd Street. City Engineer Bohrer received a letter from Elmer Morris, District State Aid Engineer, stating that he cannot recommend for approval the revocation of MSA 104 from 50th Street to 43rd Street N. because the roadway does not meet criteria for inclusion in the municipal state -aid system. Bohrer felt strongly that 43rd Street does meet all the criteria listed in the state rules. Bohrer listed three alternatives. 1. Bohrer can contact the State Aid Engineer in the Central office. 2. Could withdraw the variance request at this time and see if this would change things. 3. Stick with the route we have. M/S/P Graves/Moe - to direct City Engineer Bohrer to appeal to the central office the issue of switching state aid designation from 50th Street N. to 43rd Street N.; and failing all appropriate measures in this regard, to withdraw the variance requested on the changing of the speed designation of the corner and pursuing the changing of the roadways with the elimination of the variance. (Motion carried 5-0). City Engineer Bohrer explained the reason we are proceeding in this manner is because the central office said they would keep our designated time .slot in the variance schedule if we could get all our paperwork done on the designation. Mayor Christ expressed Ed Stevens' concern that if the Council should pave 47th Street, the City would move the route or create barriers to prevent the removal of some very large oak trees. Christ felt that removal of the trees would be the very last alternative pursued. M/S/P Graves/Johnson - to direct the City Engineer to find methods either by erection of barriers or rerouting the roadway slightly (bends) in order to avoid having to remove the large oak trees in front Ed Stevens' property. (Motion carried 5-0). City Engineer Bohrer stated that when the City feels they want to move ahead with a project either on 47th by itself or do it in conjunction with some other segment, the City has to order a feasibility study and hold a feasibility hearing. During the feasibility study, Bohrer could compare the two alternatives. The straight road and what impact that would have as far as right-of-way, trees, cost and everything involved and the alternative to avoid the trees with guard rails, curbs or whatever is involved and advise them at the time if these can be done within the guidelines or if another variance would be needed. LAKE ELMO CITY COUNCIL MINUTES MAY 19, 1987 page 6 { At this time, Bohrer did not know if a variance was needed. Ed Stevens, 10133 47th Street N., presented slides of his large oak trees and of other areas in Lake Elmo where streets have been built in such a fashion as to avoid taking out trees. A petition for preserving the trees was presented by Mr. Stevens. Stevens obtained legal advice on whether the trees are on his land or City land. The answer he received in this case was the public only owns the width of the street that is in actual use. The trees are on his land and it would be necessary to condemn his property in order to cut down the trees and widen the road. Graves explained the intent of this motion was to initiate activity and find out what options we have for putting up barriers or rerouting the roadway. Adop% PP6o(07-�6A) 97-46 M/S/P Graves/Moe - to instruct the City Engineer to prepare a feasibility report on paving 47th Street N. according to MSA standards and as a MSA project. (Motion carried 5-0). C. 201 Project Update Authorization to Advertise for Bids on Part D The City has now received authorization from the MPCA to advertise for bids on Part D. The first advertisement will appear in the legal newspaper on May 20 and the Construction Bulletin on May 22. A 30-day advertisement period is required. The Bid Opening has been scheduled for 1:00 p.m. on June 19, 1987 in the City Hall. Since time is of the essence in getting the City's grant amended, City Engineer Bohrer recommended that the Council schedule a special. meeting on June 22 or 23 to consider the bids. M/S/P Moe/Graves to hold a special City Council meeting on Monday, June 22nd at 4:30 in the City Council chambers to consider the bids .for Part D of the 201 Program. (Motion carried 5-0). Partial Payment No. 6 to Widmer Inc. City Engineer Bohrer presented for the Council's review and approval Estimate and Certificate No. 6 to Widmer, Inc. for $187,895.22. The money for this payment is available from the County's pooled bond account. As of this estimate, 100% of the on -site systems have been installed and are functioning. Only the landscaping remains. The estimated remaining project cost is $140,000. - M/S/P Armstrong/Moe - to approve Partial Payment No. 6 for $187,895.22 to Widmer, Inc. for work done on Parts A-B-C of the 201 Program. ,(Motion carried 5-0). D. Escrow Reduction - Lake Elmo Heights City Engineer Bohrer reported that the street construction and drainage work for Lake Elmo Heights Addition is complete. The only LAKE ELMO CITY COUNCIL MINUTES MAY 19, 1987 page 7 work remaining is boulevard seeding and cleanup. The developer has asked that the escrow letter of credit be reduced to $500. City Engineer Bohrer concurred with this request, but recommended that the escrow release should be made contingent upon paying any outstanding pass -through costs. The status of the escrow is as follows: - Original Letter of Credit - June, 1986 $ 54,600 Partial Release No. 1 - July 15, 1986 $ 27,600 Amount of this Request - May 13, 1987 $ 26,500 Remaining Escrow Balance $ 500 M/S/P Graves/Moe - to approve a partial release of the escrow letter of credit for Lake Elmo Heights First Addition to a balance of $500; contingent upon paying any outstanding pass -through costs. (Motion carried 5-0). E. Final Acceptance of Plat Improvements and. Escrow Release - Teal Pass Estates On May 12, 1987 City Engineer Bohrer made a final inspection within Teal Pass Estates 3rd Addition. Bohrer reported in his letter of May 13, 1987 that he found them complete and ready for final acceptance. As -built plans have been provided. All requirements of the Developer's Agreement have been fulfilled. City Engineer Bohrer recommended that the City Council make final acceptance of the improvements and release of the remaining $2,000 escrow balance, contingent upon paying any outstanding pass -through costs. The one year warranty period on the improvements begins with this final acceptance. M/S/P Graves/Moe - to approve the final acceptance of improvements within Teal Pass Estates 3rd Addition, and approve release of the remaining $2,000 escrow balance contingent upon paying any outstanding pass-thru costs. (Motion carried 5-0). 8. CITY ADMINISTRATOR'S REPORT A. County Guidelines for Advisory Committees, Commission, Boards In Sally Evert's letter of April 17, 1987 she explained that the Washington County Board is considering an amendment to its Guidelines for committee member terms. The proposed amendment would limit a commission member to not more than two consecutive full terms. After a 1-year interval, that person could be eligible to serve again up to two full terms. r-i The consensus of the City Council was to advise the County Board that the local units of government be consulted when a member's term of office is coming up for renewal. At that time, any concerns from the areas that are represented by the member can be presented to the LAKE ELMO CITY COUNCIL MINUTES MAY 19, 1987 page 8 ( County Board to consider in deciding whether or not to re -appoint the member. This process retains qualified, experienced people who know what the local needs and concerns rather than bringing in new people just because a time deadline has been reached. M/S/P Moe/Armstrong - to direct the City Administrator to write a letter to the county board stating the Council's position that the guidelines not be amended. (Motion carried 5-0). B. City Representative to Metro East Board of Directors A letter of April 16, 1987 from the St. Paul Area Chamber of Commerce contains a request for the City to designate a repesentative to serve as a member of the Metro East Coalition Board of Directors. The letter also asks for a financial contribution or a letter of commitment. The letter and information on the coalition organizational structure, marketing plan, operational plan and fund raising program were presented to the City Council. Mayor Christ will be attending the Thursday morning meeting and will get more information on the Metro East program before a decision is made on who would represent the City of Lake Elmo on the Metro East Board of Directors. Any new information will be copied and sent to the City Council. C. League of Minnesota Cities Conference The annual League of Cities Conference is scheduled to be held in Rochester, MN on June 9, 10, 11 & 12. City Administrator Overby would like to attend three days of the conference (June 9th evening, June 10th and 11th all day). This would require two nights lodging expense ($80) in addition to the conference fee ($130) for a total of $210, plus mileage to and from Rochester. M/S/P Armstrong/Graves - to authorize the City Administrator's attendance at the 1987 League of Minnesota Cities Conference, June 9, 10, 11 in Rochester, Minnesota. (Motion carried 5-0). M/S/P Graves/Moe - to adjourn the City Council meeting at 9:30 p.m. (Motion carried 5-0). Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL MAY 19, 1987 7:00 p.m. Meetings Convenes 1. Agenda 2. Minutes: May 5, 1987 3. Claims 7:05 p.m. 4. Landfill Committee Update 7:15 p.m. 5. Charitable Gambling License Exception 6. Planning, Land Use and Zoning 7:20 p.m. A. Shoreland Permit: Thomas Brown, 8265 Hidden Bay Ct. 7:45 p.m. B. Public Hearing for variance to setback from NOHW; Shoreland Permit - Alex and Stephanie Kovalchuk, 2976 Lake Elmo Ave. 7. -City Engineer's Report 8:15 p.m. A. Legion Pond Pumping Alternatives 8:45 p.m. B. MSA Street Project Update 9:00 p.m. ------------------- Break -------------------------- 9:10 P.M. C. 201 Project Update 9:20 p.m. D. Escrow Reduction - Lake Elmo Heights 9:2.5 p.m. E. Final Acceptance of Plat Improvements and Escrow Release - Teal Pass Estates (Over) Lake Elmo City Council Agenda May 19, 1987 Page 2 8. City Administrator's Report 9:30 p.m. A. County Guidelines for Advisory Committees, Commission, Boards B. City Representative to Metro East Board of Directors C. League of Minnesota Cities Conference D. Other 9. Adjourn